How to Get Your Criminal Record Expunged in Punta Gorda

A criminal record can hold you back from achieving your life goals. Even with a relatively minor offense on your record, you might struggle to gain meaningful employment. You might even struggle to find reliable housing. Your criminal record is public, which means that virtually anyone can access it if they’re determined enough. How do you seal these records away from the prying eyes of the public? Could expungement in Punta Gorda be the right call for you?

Who Is Eligible for Expungement in Florida?

You may be eligible to expunge your criminal record under various circumstances. Perhaps most obviously, you can have your record expunged if you were never formally charged or indicted after your arrest. Police officers make mistakes, and you shouldn’t have to worry about an arrest that didn’t lead anywhere. The same eligibility applies if your case was dismissed. If the prosecutors chose not to move ahead with your case (nolle prosequi), you can expunge your record. Similarly, you can expunge your record if you were acquitted by a judge or a jury decided you were not guilty.

Florida law states that certain offenses are ineligible for expungement. These include all felonies and certain types of misdemeanors. The ineligible misdemeanors include assault (including assaults on first responders and police officers), battery, carrying concealed weapons, open carrying, unlawful possession of a weapon at a school, unlawful use of bombs, unlawful possession of firearms, indecent exposure, arson, petit theft, child neglect, and animal cruelty. Notice that most of these offenses are violent, disturbing, or otherwise “heinous” in nature. Many white collar and “victimless” crimes are eligible for expungement in Florida.

Most DUI convictions are not eligible for expungement under Florida law. However, many “simple possession” charges are eligible for this process. Florida has specific expungement processes for juveniles, those who exercised lawful self-defense, and victims of human trafficking.  Consider speaking with a defense attorney if you’re not sure whether you can pursue expungement.

What Is the Expungement Process in Florida?

The first step is to obtain and complete your Application for Certification of Eligibility. You can download this form online, but you must sign it under oath in the presence of a notary. Next, you need to submit the application by mail or drop it off in person at the State Attorney’s Office in the county where you were charged. Once you receive your Certificate of Eligibility, you have to complete another form called a Petition and Affidavit to Expunge or Seal.

Once you complete it, file this petition and your Certificate of Eligibility with the Clerk of the Court. Make copies and send those to the State Attorney’s Office as well. If the Court agrees that you are eligible, you may need to attend a hearing. Your lawyer can represent you during this hearing and make oral arguments on your behalf. From there, the court may seal your records.

Can a Punta Gorda Criminal Defense Attorney Help With Expungement?

A Punta Gorda criminal defense attorney may be able to help you seal or expunge your criminal records. While this option might not be available for everyone, it is something worth looking into. Expungement might be particularly crucial for those struggling to find employment or housing. Contact The Foley & Wilson Law Firm today to learn more about your options.

Sources:

 leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0585.html

flsa6.gov/Expungements-10-1306223.html